Saturday, April 7, 2012

Youth Criminal Justice Act And The Implications For The Education System

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Youth Criminal Justice Act And The Implications For The Education System


On April 1, 00 the YCJA was created (Youth Criminal Justice


Act) this act replaced the Young Offenders Act.


The change in legislation is because the federal government


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is trying to reform the Canadian youth.


Most of the young people that are imprisioned is because of the distruction of and/or in relation to propety. Only 0% of young people in custody in Canada have actually committed some sort of violent offence. The incarcertion rate for youth is higher then the rate for adults. Young people tend to get longer sentences then adults do.


The YCJA includes among all of its provisions a declaration


of principle This declaration says that the victim should be treated with courtesy, respect and compassion they are also given an opportunity to participate and be heard. It also says that the criminal justice department system for young people should emphasize fair accountability of young people depending with the dependancy of young persons and lower level of maturity. The YCJA trys to divert more and more young people away from youth court through the introduction to extrajudicial measures.


The YCJA requires police officers to consider a few of the extrajudicial measures before starting any judicial proccedings, it is up to the police at first to decide what they think is in the best interest of the young offender in the case of a offence these extrajudicial measures include taking no further action, warning the young offender; administering a caution; a referral that the young person joins a group or organization that may help in assisting the offender to not commit any more offences. But the YCJA still seeks to have the young people take responsibility for their offences.


The offenders that admit to doing the crime are allocated a easier extrajudicial sanction. These sanctions may include any of the following; apologies to the victim; community service; or paying restitution if crime is property related.


Most crimes occur at or have connection to the school. The victims of these crimes tend to be other students, teachers or school administrators. Therefor having the offender still in the community and attending school brings into focus new concerns. Although this may seem fair to the student on the other hand it tends to create a few problems for the educators. In Ontario however the safe schools act created in 000 introduced a youth (student) Disciplinary process quite a bit different from the YCJA. For starters there is no extrajudicial sanctions under the Ontario Legislation. Under provincial law a student who either commits a school-related offence is either presented with discipline as in a suspension or explusion. All other provincial schools come under the Federal YCJA .


There is a 0% success rate when dealing with young offenders using the YCJA. However it is yet to be determined the long term effects on the education system and the individual schools involved with the offenders rehabilitation while serving their sentence. It is best to consider each case on a individual basis keeping in mind what is best for the offender, his/her school and the students that would be exposed to the youth while the offender serves his/her sentence. Keeping the balance of the greater good in all who are involved.





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